ALBANY – A defendant raised sufficient questions about whether a juror was tainted when her son-in-law, a sheriff’s deputy assigned to the courthouse, allegedly told her during the trial he knew the defendant was “guilty from day one,” an Appellate Division, Third Department, panel ruled Thursday.
The panel in People v. Beckingham, 104689 ordered a hearing on the question in Otsego County Court, rejecting the prosecution’s argument that an affidavit filed by the deputy’s son in which he said he heard his father make the statement to the juror should not be considered because it was hearsay.
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